Legal Opinion

Durein v. Pontious

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 10 opinions

Error from Shawnee District Court. On January 30,1884, the following amended petition was filed, omitting court and title: “Come now said plaintiffs, Ellsworth, Walter and Kenneth Pontious, minors, by their sister and next friend, Emma Pontious, and for cause of action against said defendants, Oscar Straub, Joseph Kramer, Frank Durein, Conrad Kreipe, Lewis W. Head, William Zimmerman, Philip Zimmerman, Philip H. Moeser, Carl Jockheck, and F. Poppendick, say: That the…

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Error from Shawnee District Court. On January 30,1884, the following amended petition was filed, omitting court and title: “Come now said plaintiffs, Ellsworth, Walter and Kenneth Pontious, minors, by their sister and next friend, Emma Pontious, and for cause of action against said defendants, Oscar Straub, Joseph Kramer, Frank Durein, Conrad Kreipe, Lewis W. Head, William Zimmerman, Philip Zimmerman, Philip H. Moeser, Carl Jockheck, and F. Poppendick, say: That the plaintiffs are the children of Elias Pontious, and his wife, Anna Pontious, deceased; that the plaintiffs, Ellsworth Pontious,…

1Opinion of the Court

*359The opinion of the court was delivered by

Horton, C. J.:

This was an action for damages for injury to the means of support of plaintiffs below — defendants in error— arising from the sale and gift of intoxicating liquors to their father, Elias Pontious, alleged to have been sold and given to him by defendants below — plaintiffs in error — between May 1, 1881, and December 5, 1883. At the trial a verdict was returned in favor of plaintiffs below for $1,500 as actual damages, and $600 as exemplary damages. Judgment was rendered thereon. To reverse this judgment, defendants bring the case to this…

2Cases cited8 opinions

  1. Palmer v. WaddellSupreme Court of Kansas · 1879
  2. Tate v. Ohio & Mississippi RailroadIndiana Supreme Court · 1858
  3. Roose v. PerkinsNebraska Supreme Court · 1879
  4. Bort v. YawSupreme Court of Iowa · 1877
  5. Werner v. EdmistonSupreme Court of Kansas · 1880

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3Cited by10 opinions

  1. Coy v. CuttingSupreme Court of Kansas · 1933
  2. Slater v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
  3. Harris v. HardestySupreme Court of Kansas · 1922
  4. United States Banking Co. v. VealeSupreme Court of Kansas · 1911
  5. State ex rel. Green v. PowerNebraska Supreme Court · 1902

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